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ACKNOWLEDGMENT, conveyancing. The act of the grantor going
before a competent officer, and declaring the instrument to be his
act or deed, and desiring the same to be recorded as such. The certificate
of the officer on the instrument, that such a declaration has been
made to him, is also called an acknowledgment. The acknowledgment
or due proof of the instrument by witnesses, must be made before
it can be put upon record.

2. Below will be found the law of the several states relating to the officer
before whom the acknowledgment must be made. Justice requires that credit should
be here givem for the valuable information which has been derived on this
subject from Mr. Hilliard's Abridgment of the American Law of Real Property, and
from. Griffith's Register. Much valuable information has also been received on
this subject from the correspondents of the author.

3. Alabama. Before one of the judges of the superior court, or any one of the
justices of the county court; Act of March 3, 1803; or before any one of the
superior judges or justices of the quorum of the territory (state); Act of Dec.
12, 1812; or before the clerks of the circuit and county courts, within their
respective counties; Act of Nov. 21, 1818; or any two justices of the peace; Act
of Dee. 17, 1819; or clerks of the circuit. courts, for deeds conveying lands
anywhere in the state; Act of January 6, 1831; or before any notary public, Id,
sec. 2; or before one justice of the peace; Act of January 5, 1836; or before
the clerks of the county courts; Act of Feb. 1, 1839; See Aiken's Dig. 88, 89,
90, 91, 616; Meek's Suppl. 86.

4. When the acknowledgment is out of the state, in one of the United States
or territories thereof, it may be made before the chief justice or any associate
judge of the supreme court of the United States, or any judge or or justice of
the superior court of any state, or territory in the Union. Aiken's Dig. 89.

5. When it is made out of the United States, it may be made before and
certified by any court of law, mayor or other chief magistrate of any city,
borough or corporation of the kingdom, state, nation, or colony, where it is
made. Act of March 3,1803.

6. When a feme covert is a grantor, the officer must certify that she was
examined "separately and apart from her said hushand and that on such private
examination, she acknowledged that she signed, sealed and delivered the deed as
her voluntary act and deed, freely and without any threat, fear, or compulsion,
of her said hushand."

7. Arkansas. The proof or acknowledgment of every deed or instrument of
writing for the conveyance of real estate, shall be taken by some one of the
following courts or officers: 1. When acknowledged or proven within this state,
before the supreme court, the circuit court, or either of the judges thereof, or
of the clerk of either of the said courts, or before the county court, or the
judge thereof, or before an justice of the peace or notary public.

8. – 2. When acknowledged or proven without this state, and within the United
States or their territories, before any court of the United States, or of any
state or territory having a seal, or the clerk of any such court, or before the
mayor of any city or town, or the chief officer of any city or town having a
seal of office.

9. – 3.When acknowledged or proven without the United States, before any
court of any state, kingdom or empire having a seal, or any mayor or chief
officer of any city. or town having an official seal, or before any, officer of
any foreign country, who by the laws of such country, is authorized to take
probate of the conveyance of real estate of his own country, if such officer has
by law an official seal.

10. The conveyance of any real estate by any married woman, or the
relinquishment of her dower in any of her hushand's real estate, shall be
authenticated, and the title passed, by such married woman voluntarily appearing
before the proper court or officer, and, in the absence of her hushand,
declaring that she had of her own free will executed the deed or instrument in
question, or that she had signed and sealed the relinquishment of dower for the
purposes therein contained and set forth, without any compulsion or undue
influence of her hushand. Act of Nov. 30, 1837, s. 13, 21; Rev. Stat. 190,
191.

11. In cases of ackkowledgment or proof of deeds or conveyances of real
estate taken within the United States or territories thereof, when taken before
a court or officer, having a seal of office, such deed or conveyance shall be
attested under such seal of office; and if such officer have no seal of office,
then under the official signature of such officer, Idem, s. 14; Rev. Stat.
190.

12. In all cases of deeds, and conveyances proven or acknowledged without the
United States or their territories, such acknowledgment or proof must be
attested under the official seal of the court or officer before whom such
probate is had. Idem, s. 15.

13. Every court or officer that shall take the proof or acknowledgment of any
deed or conveyance of real estate, or the relinquishment of dower of any married
woman in any conveyance of the estate of her hushand, shall grant a certificate
thereof, and cause such certificate to be endorsed on the said deed, instrument,
conveyance or relinquishment of dower, which certificate shall be signed by the
clerk of the court where the probate is taken in court, or by the officer before
whom the same is taken and sealed, if he have a seal of office. Idem, s. 16.

14. Connecticut. In this state, deeds must be acknowledged before a judge of
the supreme or district court of the United States, or the supreme or superior
court, or court of common pleas or county court of this state, or a notary
public.

15. When the acknowledgment is made in another state or territory of the
United States, it must be before some officer or commisioner having power to
take acknowledgments there.

16. When made out of the United States before a resident American consul, a
justice of the peace, or notary public, no different form is used, and no
different examination of a feme covert from others. See Act of 1828; Act of
1833; 1 Hill. Ab. c. 34, s. 82.

17. Delaware. Before the supreme court, or the court of common pleas of any
county, or a judge of either court, or the chancellor, or two justices of the
peace of the same county.

18. The certificate of an acknowledgment in court must be under the seal of
the court.

19. A feme covert may also make her acknowledgment before the same officers,
who are to examine her separately from her hushand.

20. An acknowledgment out of the state, may be made before a judge of any
court of the United States, the chancellor or judge of a court of record, of the
said court itself, or the chief officer of a city or borough, the certificate to
be under the official seal; if by a judge, the seal to be affixed to his
certificate, or to that of the clerk or keeper of the seal. Commissioners
appointed in other states may also take acknowledgments. 2 Hill. Ab. 441 ;
Griff. Reg. h. t.

21. Florida. Deeds and mortgages must be acknowledged within the state before
the officer authorized by law to record the same, or before some judicial
officers of this state. Out of the state, but within some other state or
territory of the United States, before a commissioner of Florida, appointed
under the act passed January 24, 1831; and where there is no commissioner, or
heis unable to attend) before the chief justice, judge, presiding judge, or
president of any court of record of the United States or of any state or
territory thereof having a seal and a clerk or prothonotary. The certificate
must show, first, that the acknowledgment was taken within the territorial
jurisdiction of the officer; secondly, the court of which he is such officer.
And it must be accompanied by the certificate of the clerk or prothonotary of
the court of which he is judge, justice or president, under the seal of said
court that he is duly appointed and authorized as such. Out of the United
States. If in Europe, or in North or South America, before. any minister
plenipotentiary, or minister extraordinary, or any cbarge d'affaires, or consul
of the United States, resident or accredited there. If in any part of Great
Britain and Ireland, or the dominions thereeunto belonging, before the consul of
the United States, resident or accredited therein, or before the mayor or other
chief magistrate of London, Bristol, Liverpool, Dublin or Edinburgh, the
certificate to be under the hand and seal of the officer.In any other place out
of the United States, where there is no public minister, consul or vice consul,
commercial agent or vice commercial agent of the United States, before two
subscribing witnesses and officers of such place, and the identity of such civil
officer and credibility, shall be certified by a consul or vice consulof the
United States, of the government of which such place is a part.

22. The certificate of acknowledgmeut of a married, woman must state that she
was examined apart from her hushand, that she executed such deeds, &c.,
freely and without any fear or compulsion of her hushand.

23. Georgia. Deeds of conveyance of land in the state must be executed in the
preseace of two witnesses, and proved before a justice of the peace, a justice
of the inferior court, or one of the judges of the superior courts.If executed
in the presence of one witness and a magistrate, no probate is required.
Prince's Dig. 162; 1 Laws of Geo. 115.

24. When out of the state, but in the United States, they may be proved by
affidavit of one or more of the witnesses thereto, before any governor, chief
justice, mayor, or other justice, of either of the United States, and certified
accordingly, and transmitted under the common or public seal of the state,
court, city or place, where the same is taken. The affidavit must express the
place of the affidant's abode. Idem.

25. There is no state law, directing how the acknowledgment shall be made
when it is made out of the United States.

26. By an act of the legislature passed in 1826, the widow is barred, of her
dower in all lands of her deceased hushand, that he aliens or conveys away
during the coverture, except such lands as he acquired by his intermarriage with
his wife; So that no relinquishment of dower by the wife is necessary, unless
the lands came to her hushand by her. Prince's Dig.249; 4 Laws of Geo. 217. The
magistrate should certify that the wife did declare that freely, and without
compulsion, she signed, sealed and delivered the instrument of writing between
the parties, naming them and that she did renounce all title or claim to dower
that she might claim or be entitled to after death of her hushand, (naming him.)
1 Laws of. Geo. 112; Prince's Dig. 160.

27. Indiana. Before the recorder of the county in which the lands may, be
situate, or one of the judges of the supreme court of this state, or before one
of the judges of the circuitcourt, or some justice of the peace of the county
within which the estate may be situate, before notaries public, or before
probate judges. Ind. Rev. Stat. c. 44, s. 7; Id. eh. 74; Act of Feb. 24,
1840.

28. All deeds and conveyances made and executed by any person without this
state and brought within it to be recorded, the acknowledgment having been
lawfully made before any judge or justice of the peace of the proper county in
which such deed may have been made and executed, and certified under the seal of
such county by the proper officer, shall be valid and effectual in law. Rev.
Code, c. 44, s. 11 App. Jan. 24, 1831.

29. When ackkowledged by a feme covert, it must be certified that she was
examined separate and apart from her hushand; that the full contents of the deed
were made known to her; that she did then and there declare that she had, as her
own voluntary act and deed, signed, sealed and executed the said deed of her own
free will and accord, without any fear or compulsion from her said hushand.

30. Illinois. Before a judge or justice of the supreme or districtcourts of
the United States, a commissioner authorized to take acknowledgments, a judge or
justice of the supreme, superior or district court of any of the United States
or territories, a justice of the peace, the clerk of a court of record, mayor of
a city, or notary public; the last three shall give a certificate under their
official seal.

31. The certificate must state that the party is known to the officer, or
that his identity has been proved by a credible witness, naming him. When the
acknowledgment is taken by a justice of the peace of the state, residing in the
county where the lands lie, no other certificate is required than his own; when
heresides in another county, there shall be a certificate of the clerk of the
county commissioners court of the proper county, under seal, to his official
capacity.

32. When the justice of the peace taking the acknowledgment resides out of
the state, there shall be added to the deed a certificate of the proper clerk,
that the person officiating is a justice of the peace.

33. The deed of a feme covert is acknowledged before the same officers. The
certificate must state that she is known to the officer, or that. her identity
has been proved by a witness who must be named; that the officer informed her of
the contents of the deed; that she was separately examined; that she
acknowledged the execution and release to be made freely, voluntarily, and
without the compulsion of her hushand.

34. When the hushand and wife reside in the state, and the latter is over
eighteen years of age, she may convey her lands, with formalities substanially
the same as those used in a release of dower; she acknowledges the instrument to
be her act and deed, and that she does not wish to retract.

35. When she resides out of the state, if over eighteen, she may join her
hushand in any writing relating to lands in the state, in which case her
acknowledgmeut is the same as if she were a feme sole. Ill. Rev. L. 135-8; 2
Hill Ab. 455, 6.

36. Kentucky. Acknowledgments taken in the State must be before the clerk of
a county court, clerk of the general court, or clerk of the court of appeals. 4
Litt. L. of K. 165 ; or before two justices of the peace, 1 Litt. L. of K. 152.;
or before the mayor of the city of Louisville. Acts of 1828, p. 219, s. 12.

37. When in another state or territory of the United States, before two
justices of the peace, 1 Litt. L. of K. 152; or before any court of law, mayor,
or other chief magistrate of any city, town or corporation of the county where
the grantorsdwell, Id. 567; or before any justice or judge of a superior or
inferior court of law. Acts of 1831, p. 128.

38. When made out of the United States, before a mayor of a city, or consul
of the U. S. residing there' or, before the chief, magistrate of such state or
country, to be authenticated in the usual manner such officers authenticate the
official act's. Acts of 1831, p. 128, s. 5.

39. When a feme covert acknowledges the deed, the certificate must state that
she was examined by the officer separate and apart from her hushand, that she
declared that she did freely and willingly seal and deliver the said writing,
and wishes not to retract it, and acknowledged the said writing again shown and
explained to her, to be her act and deed, and consents that the same may be
recorded.

40. Maine. Before a justice of the peace in this state, or any justice of the
peace, magistrate, or notary public, within the United States, or any
commissioner appointed for that purpose by the governor of this state, or before
any minister or cousul of the United States, or notary public in any foreign
country. Rev. St. t. 7, c. 91, 7; 6 Pick. 86.

41. No peculiar form for the certificate of acknowledgment is prescribed; it
is required that the hushand join in the deed. "The joint deed of hushand and
wife shall be effectual to convey her real estate, but not to bind her to any
covenant or estoppel therein." Rev. St. t. 7, c. 91, 5.

42. Maryland. Before two justices of the peace of the county where the lands
lie, or where the grantor lives, or before a judge of the county court of the
former county, or the mayor of Annapolis for Anne Arundel county. When the
acknowledgment is made in another county than that in which the lands are
situated, an in which the party Eves, the clerk of the court must certify under
the court seal, the official capacity of the acting justices or judge.

43. When the grantor resides out of the state, a commission issues on,
application of the purchaser, and with the written consent of the grantor, from
the clerk of the county court where the landlies, to two or more commissioners
at the grantee's residence; any two of whom may take the acknowledgment, and
shall certify it under seal and return the commission to be recorded with the
deed; or the grantor may empower an attorney in the state to acknowledge for
him, the power to be incorporated in the deed, or annexed to it, and proved by a
subscribing witness before the county court, or two justices of the peace where
the land lies, or a district judge, or the governor or a mayor, notary public,
court or judge thereof, of the place where it is. executed; in each case the
certificate to be under an official seal. By the acts of 1825, c. 58, and 1830,
c. 164 the acknowledgment in another state may be before a judge of the U. S. or
a judge of a court of record of the state. and county where the grantor may be
the clerk to certify under seal, the official character of the magristrate.

44. By the act of 1837, c. 97, commissioners may be appointed by authority of
the state, who shall reside in the other states or territories of the United
States who shall be authorized to take acknowledgment of deeds. The act of 1831,
c. 205, requires that the officer shall certify knowledge of the parties.

46. Massachusetts. Before a justice of the peace or magistrate out of the
state. It has been held that an American consul at a foreign port, is a
magistrate. 13 Pick. R. 523. An acknowledgment by one of two grantors has been
held, sufficient to authorize the registration of a deed; and a wife need not,
therefore, acknowledge the conveyance when she joins with her hushand. 2 Hill.
Ab. c. 34, s. 45.

47. Michigan. Before a judge of a court of record, notary public, justice of
the peace, or master in chan cery; and in case of the death of the grantor, or
his departure from the state, it may be proved by one of the subscribing
witnesses before any court of record in the state. Rev. St. 208 Laws of 1840, p.
166.

48. When, the deed is acknowledged out of the state of Michigan, but in the
United States, or an of the territories of the U. S., it is to be acknowledged
according to the laws of such state or territory, with a certificate of the
proper county clerk, under his seal of office, that such deed is executed
according to the laws of such state or territory, attached thereto.

49. When acknowledged in a foreign country, it may be executed according to
the laws of such foreign country, but, it must in such. case, be acknowledged
before a minister plenipotentiary , consul, or charge d'affaires of the United
States and the acknowledgment must be certified by the officer before whom the
same was taken. Laws of 1840, p. 166, sec. 2 and 3.

50. When the acknowledgment is made by a feme covert, the certificate must
state that on a private examination of such feme' covert, separate and apart
from her hushand, she acknowledged that she executed the deed without fear or
compulsion from any one. Laws of 1840, p. 167, sec. 4.

51. Mississippi. When in the state, deeds may be acknowledged, or proved by
one or more of the subscribing witnesses to them, before any judge of the high
court of errors and appeals, or a judge of the circuit courts, or judge of
probate, and certified by such judge; or before any notary public, or clerk of
any court of record. in this state, and certified by such notary or clerk under
the seal of his office; How. & Hutch. c. 34, s. 99, p. 868, Law of .1833 ;
or before any justice of that county, where the land, or any part thereof, is
situated; Ib. p. 343, s. 1 , Law of 1822; or before any, member of the board of
police, in his respective county. Ib. p. 445, c. 38, s. 50, Law of 1838.

52. When in another state or territory of the United States, such deeds must
be acknowledged, or proved as aforesaid, before a judge of the supreme court or
of the district courts of the United States, or before any judge of the supreme
or superior court of any state or territory in the Union; How. & Hutch. 846)
c. 34, s. 13, Law of 1832; or before and certified by any judge of any inferior
or county court of record, or before any justice of the peace of the state or
territory and county, wherein such person or witness or witnesses may then be or
reside, and authenticated by the certificate of the clerk or register of the
superior county or circuit court of such county, with a seal of his office
thereto affixed; or if taken before or certified by a justice of the peace,
shall be authenticated by the certificate of either the clerk of the Said
inferior or county court of record of such county, with the seal of his office
thereto affixed. Laws of Mississippi, Jan. 27, 1841, p. 132.

53. When out of the United States, such acknowledgment, or proof as, afore
said, must be made before an court of law, or mayor, or other chief magistrate
of any city, borough or corporation of such foreign kingdom, state, nation, or
colony, in which the said parties or witnesses reside; certified by the court,
mayor, or chief magistrate, in a manner such acts are usually authenticated by
him. How. & Hutch, 346, c. 34, s. 14, Law of 1822.

54. When made by a feme covert, the certificate must state that she made
previous acknowledgment, on a private examination, apart from her hushand before
the proper officer, that she sealed and delivered the same as her act and deed,
freely, without any fear, threat or compulsion of her hushand. How. & Hutch.
347, c. 34, s. 19, Law of 1822.

55. Missouri. In the state, before some court having a seal, or some judge,
justice or clerk thereof, or a justice of the peace in the county where the land
lies. Rev. Code, 1835, 8, p. 120.

56. Out of the state, but in the United States, before any court of the
United States, or of any state or territory, having a seal, or the clerk
thereof. Id. cl. 2.

57. Out of the United States, before any court of any state, kingdom or
empire having a seal, or the mayor of any city having an official seal.

58. Every court or officer taking the acknowledgment of such instrument or
relinquishment of dower or the deed of the wife of the hushand's land, shall
endorse a certificate thereof upon the instrument; when made before a court, the
certificate shall beunder its seal; if by a clerk, under his band and the seal
of the court; when before an officer having an official seal, under his hand and
seal; when by an officer having no seal, under his hand. The certificate must
state thatthe party was personally known to the judge or other officer as the
signer, or proved to be such by two credible witnesses. Misso. St. 120-122 ; 2
Hill. Ab. 453; Griff. h. t.

59. When the acknowledgment is made by a feme covert, releasing her dower,
the certificate must statethat she is personally known to a judge of the court,
or the officer before whom the deed is acknowledged, or that, her identity was
proved by two credible witnesses; it must also state that she was informed of
the contents of the deed; that it was acknowledged separate and apart from her
hushand; that she releases her dower freely without compulsion or undue
conveyance of her own lands, the acknowledgment may be made before any court
authorized to take acknowledgments. It must be done as in the cases of release
of dower, and have a similar certificate. Ib.

60. New Hampshire. Before a justice of the peace or a notary public; and the
acknowledgment of a deed before a notary public in another state is good. 2 N.
H. Rep. 420 2 Hill. Ab. c. 34, s. 61.

61. New Jersey. In the state, before the chancellor, a justice of the supreme
court of this state, a master in chancery, or a judge of any inferior court of
common pleas, whether in the same or a different county; Rev. Laws, 458, Act of
June 7, 1799 ; or before a commissioner for taking the acknowledgments or proofs
of deeds, two of whom are appointed by the legislature in each township, who are
authorized to take acknowledgments or proofs of deeds in any part of the state.
Rev. Laws, 748, Act of June 5, 1820.

62. In another state or territory of the United States, before a judge of the
supreme court of the United States, or a district judge of the United States, or
any judge or justice of the supreme or superior court of any state in the Union;
Rev. Laws, 459, Act of June 7, 1799; or before a mayor or other chief magistrate
of any city in any other state or territory of the U. S., and duly certified
under the seal of such city; or before a judge of any, superior court, or court
of common pleas of any state or territory; when, taken before a judge of a court
of common pleas, it must be accompanied by a certificate under the great seal of
the state, or the seal of the county court in which it is made, that he is such
officer; Rev. Laws, 747, Act of June 5, 1820; or before a commissioner appointed
by the overnor, who resides in such state; Harr. Comp. 158, Act of December 27,
1826; two of whom may be appointed for each of the States of New York and
Pennsylvania. Elmer's Dig. Act of Nov. 3, 1836.

63. When made out of the United States, the acknowledgment may be before any
court of law, or mayor, – or other magistrate, of any city, borough or
corporation of a foreign kingdom, state, nation or colony, in which the party or
hiswitnesses reside, certified by the said court, mayor, or chief magistrate, in
the manner in which such acts are usually authenticated by him. Rev. Laws, 459,
Act of June 7, 1799. The certificate. in all cases must state that the officer
who makes it, first made known the contents of the deed to the person making the
acknowledgment, and that he was satisfied such person was the grantor mentioned
in the deed.Rev. Laws, 749, Act of June 5, 1820.

64. When the acknowledgment is made by a feme covert, the certificate must
state that on a private examination, apart from her hushand, before a proper
officer, (ut supra,) she acknowledged that she signed, sealed, and delivered the
deed, as her voluntary act and deed, freely, without any fear, threats or
compulsion of her hushand. Rev. Laws, 459, Act of June 7, 1799..

65. New York. Before the chancellor or justice of the supreme court, circuit
judge, supreme court commissioner, judge of the county court, mayor or recorder
of a city, or, commissioner of deeds; a couuty judge or commissioner of deeds
for a city or county, not to act out of the same.

66. When the party resides in another state, before a judge of the United
States, or a judge or justice of the supreme, superior or circuit court of any
state or territory of the United States, Within his own jurisdiction. By a
statute passed in 1840, chap. 290, the governor is authorized to appoint
commissioners in other states, to take the acknowledgment and proof of deeds and
other instruments.

67. When the party is in Europe or other parts of America, before a resident
minister or charge d'affaires of the United States; in France, before the United
States consul at Paris; in Russia, before the same officer at St. Petershurg; in
the British dominions, before the Lord Mayor of London, the chief magistrate of
Dublin, Edinburgh, or Liverpool, or the United States consul at London. The
certificate to be uuder the hand and official seal of such officer. It may also
be made before any person specially authorized by the court of chancery of this
state.

68. The officer must in all cases be satisfied of the identity of the party,
either from his own knowledge or from the oath or affirmation of a witness, who
is to be named in the certificate.

69. A feme covert must be privately examined; but if out of the state this is
unnecessary. 2 Hill. Ab. 434; Griff. Reg. h. t.

70. By the act passed April 7, 1848, it is provided, that: 1. The proof or
acknowledgment of auy deed or other written, instrument required to be proved or
acknowledged, inorder to entitle the same to be recorded or read in evidence,
when made by any person residing out of this state and within any other state or
territory of the United States, may be made before any officer of such state or
territory, authorized by the laws thereof to take the proof and acknowdgment of
deeds and when so taken and certified as by the act is provided, shall be
entitled to be recorded in any county in this state, and may be read in evidence
in any court iu this state, in the sae manner and with like effect, as proofs
and acknowledgments taken before auy of the officers now authorized by law to
take such proofs and acknowledgments: Provided that no such acknowledgment shall
be valid unless the officer taking the same shall know or have satisfactory
evidence that the person making such acknowledgment is the individual described
in, and who executed the deed or instrument.

71. – 2. To entitle any conveyance or other written instrument acknowledged
or proved under the preceding section, to be read in evidence or recorded in
this state, there shall be subjoined to the certificate of proof or
acknowledgment, signed by such officer, a certificate under the name and
official seal of the clerk or register of the county in which such officer
resides, specifying that such officer was at the time of taking such proof or
acknowledgment, duly authorized to take the same, and that such clerk or
register is well acquainted with the handwriting of such officer, and verily
believes that the signature to said certificate of proof and acknowledgment, is
genuine.

72. North Carolina. The acknowledgment or proof of deeds for the conveyance
of lands, when taken or made in the state, must be before one of the judges of
the supreme court, or superior court, or in the court of the county where the
land lieth. 1 ltev. Stat. c. 37, s.. 1.

73. When in another state or territory of the United States, or the District
of Columbia, the deed must be acknowledged, or proved, before some one of the
judges of the superior courts of law, orcircuit courts of law of superior
jurisdiction, within the said state, &c., with a certificate of the governor
of the said state or territory, or of the secretary of state of the United
States, when in the District of Columbia, of the official character of the
judge; or before a commissioner appointed by the governor of this state
according to law. 1 Rev. Stat. c. 37, s. 5.

74. When out of the United States, the deeds must be acknowledged, or proved,
before the chief magistrate of some city, town, or corporation of the countries
where the said deeds were executed; or before some ambassador, publio minister,
consul, or commercial agent, with proper certificate under their official seals;
1 Rev. Stat. c. 37 s. 6. and 7; or before a commissioner in such foreign
country, under a commission from the county court where the land lieth. See.
8.

75. When acknowledged by a feme covert, the certificate must state that she
was privily examined by the proper officer, that she acknowledged the due
execution of the deed, and declared that she executed the same freely,
voluntarily, and without the fear or compulsion of her hushand, or any other
person, and, that she then assented thereto. When she is resident of another
county, or so infirm that she cannot travel to the judge, or county court, the
deed may be acknowledged by the hushand, or proved by witnesses, and a
commission in a prescribed form may be issued for taking the examination of the
wife. 1 Rev. Stat. c. 37, s. 6, 8, 9, 10, 11, 13, and 14.

76. Ohio. In the state, deeds and other instruments affecting lands must be
acknowledged before a judge of the supreme court, a judge of the court of common
pleas, a justice of the peace, notary public, mayor, or other presiding officer
of an incorporated town or city. Ohio Stat. vol. 29, p. 346, Act of February 22,
1831, which went in force June 1, 1831 Swan's Coll. L. 266, s. 1.

77. When made out of the state, whether in another state or territory, or out
of the U. S., they must be acknowledged, or proved, according to the laws of the
state, territory or country, where they are executed, or according to the laws
of the state of Ohio. Swan's Coll. L. 265, 8. 5.

78. When made by a feme covert, the certificate must state that she was
examined by the officer, separate and apart from her hushand, and the contents
of the deed were fully made known to her; that she did declare upon such
separate examination, that she voluntarily sign, seal, and acknowledge the same,
and that she is still satisfied therewith.

79. Pennsylvania. Before a judge of the supreme court, or of the courts of
common pleas, the district courts, or before any mayor or alderman, or justice
of the peace of the commonwealth, or before the recorder of the city of
PhLiladelphia.

80. When made out of the state, and within the United States, the
acknowledgment may be before one of the judges of the supreme or district courts
of the United States, or before an one of the judges or justices of the supreme
or superior courts, or courts of common pleas of any state or territory within
the United States; and so certified under the hand of the said judge, and the
seal of the court. Conmmissioners appointed by the governor, residing in either
of the United States or of the District of Columbia, are also authorized to take
acknowledgment of deeds.

81. When made out of the United States, the acknowledgment may, be made
before any consul or vice-consul of the United States, duly appointed for and
exercising consular functions in the state, kingdom, country or place where such
an acknowledgment may be made, and certified under the public or official seal
of such consul or vice-consul of the United States. Act of January 16, 1827. By
the act May 27th, 1715, s. 4, deeds made out of the province [state] may be
proved by the oath or solemn affirmation of one or more of the witnesses
thereunto, before one or more of the justices of the peace of this province
[state], or before any mayor or chief magistrate or officer of the cities, towns
or places, where such deed or conveyances are so proved. The proof must be
certified by the officer under the common or public seal of the cities, towns,
or places where such conveyances are so proved. But by construction it is now
established that a deed acknowledged before such officer is valid, although the
act declares it shall be proved. 1 Pet. R. 433.

82. The certificate of the acknowledgment of a feme covert must state, 1,
that she is of full age; 2, that the contents of the instrument have been made
known to her; 3, that she has been examined separate and apart from her hushand;
and, 4, that she executed the deed of her own free will and accord, without any
coercion or compulsion of her hushand. It is the constant practice of making the
certificate, under seal, though if it be merely under the hand of the officer,
it will be sufficient. Act of Feb. 19, 1835.

83. By the act of the 16th day of April, 1840, entitled. "An act
incorporating the Ebenezer Methodist Episcopal congregation for the borough of
Reading, and for other purposes," Pamph. Laws, 357, 361, it is provided by 15,
"That any and every grant, bargain and sale, release, or other deed of
conveyance or assurance of any lands, tenements, or hereditaments in this
commonwealth, heretofore bona fide made, executed and delivered by hushand and
wife within any other of the United States, where the acknowledgmentof the
execution thereof has been taken, and certified by any officer or officers in
any of the states where made and executed, who, was, or were authorized by the
laws of such state to take and certify the acknowledgment of deeds of conveyance
of lands therein, shall be deemed and adjudged to be as good, valid and
effectual in law for transferring, passing and conveying the estate, right,
title and interest of such hushand and wife of, in, and to the lands; tenements
and hereditaments therein mentioned, and be in like manner entitled to be
recorded, as if the acknowledgment of the execution of the same deed had been in
the same and like way, manner and form taken and certified by any judge,
alderman, or justice of the peace, of and within this commonwealth. 16. That no
grant, bargain and sale, feoffment, deed of conveyance, lease, release,
assignment, or other assurance of any lands, tenements and hereditaments
whatsoever, heretofore bona fide made and executed by hushand and wife, and
acknowledged by them before some judge, justice of the peace, alderman, or other
officer authorized by law, within this state, or an officer in one of the United
States, to take such acknowledgment, or which may be so made, executed and
acknowledged as aforesaid, before the first day of January next, shall be
deemed, held or adjudged, invalid or, defective, or insufficient in law, or
avoided or prejudiced, by reason of any informality or omissiou in setting forth
the particulars of the acknowledgment made before such officer, as aforesaid, in
the certificate thereof, but all and every such grant, bargain and sale,
feoffment, deed of conveyance, lease, release, assigument or other assurance so
made, executed and acknowledged as aforesaid, shall be as good, valid and
effectual in law for transferring, passing and conveying the estate, right,
title and interest of such hushand and wife of, in, and to the lands, tenements
and hereditaments mentioned in the same, as if all the requisites and
particulars of such acknowledgment mentioned in the act, entitle an act for the
better confirmation of the estates of persons holding or claiming under feme
coverts, and for establishing a mode by which hushand and wife may hereafter
convey their estates, passed the twenty-fourth day of February, one thousand
seven hundred and seventy, were particularly set forth in the certificate
thereof, or appeared upon the face of the same."

84. By the act of the 3d day of April, 1840, Pamph. L. 233, it is enacted,
"That where any deed, conveyance, or other instrument of writing has been or
shall be made and executed, either within or out of this state, and the
acknowledgment or proof thereof, duly certified, by any officer under seal,
according to the existing laws of this commmonwealth, for the purpose of being
recorded therein, such certificate shall be deemed prima facie evidence of such
execution and acknowledgment, or proof, without requiring proof of the said
seal, as fully, to all intents and purposes, and with the same effect only, as
if the same had been so acknowledged or proved before any judge, justice of the
peace, or alderman within this commonwealth."

85. The act relating to executions and for other purposes, passed 16th April,
1840, Pamph. L. 412, enacts, 7, " That the recorders of deeds shall have
authority to take the acknowledgment and proof of the execution of any deed,
mortgage, or other conveyance of any lands, tenements, or hereditaments lying or
being in the county, for which they are respectively appointed as recorders of
deeds, or within every city, district, or part thereof, or for any contract,
letter of attorney, or any other writing, under seal, to be used or recorded
within their respective counties and such acknowledgment or proof, taken or made
in the manner directed by the laws of this state, and certified by the said
recorder, under his hand and seal of office; which certificate shall be endorsed
or annexed to said deed or instrument aforesaid, shall have the same force and
effect, and be as good and available in law, for all purposes, as if the same
had been made or taken before any judge of the supreme court, or president or
associate judge of any of the courts of common pleas within this
commonwealth."

86. Rhode Island. Before any senator, judge, justice of the peace, or town
clerk. When the acknowledgment is made in another state or country, it must be
before a judge, justice, mayor or, notary public therein, and certifiedunder his
hand and seal.

87. A wife releasing dower need not acknowledge the deed; but to a conveyance
an acknowledgment and private examination are necessary. 2 Hill. Ab. c. 34, s.
94.

88. South Carolina. Before a judge of the supreme court. A feme covert may
release her dower or convey her own estate, by joining with her hushand in a
deed, and being privately examined, in the latter case, seven days afterwards,
before a judge of law or equity, or a justice of the quorum; she may also
release dower by a separate deed.

89. The certificate of the officer is under seal and signed by the woman.
Deeds may be proved upon the oath of one witness before a magistrate, and this
is said to be the general practice.

90. When the deed is to be executed out of the state, the justices of the
county where the land lies, or a judge of the court of common pleas, may by
dedimus empower two or more justices of the county where the grantor resides, to
tale his acknowledgment upon the oath of two witnesses to the execution. 2 Hill.
Ab. 448, 9; Griff. Reg. b. t.

91.Tennessee. A deed or power of attorney to convey land must be acknowledged
or proved by two subscribing witnesses, in the court of the county, or the court
of the district where the land lies. The certificate of acknowledgment must be
endorsed upon the deed by the clerk of the court.

93. The ackiaowledgment of a feme covert is made. before a court of record in
the state, or, if the parties live out of it, before a court of record iu
another state or territory; and if the wife is unable to attend court, the
acknowledgment may be before commissioners empowered by the court of the county
in which the hushand acknowledges the commission to be returned certified with
the court seal, and recorded.

94. In all these cases the certificate must state that the wife has been
privately examined. The seal of the court is to be annexed when the deed is to
be used out of the state, when made in it, and vice. versa; in which case there
is to be a seal and a certificate of the presiding judge or justice to the
official station, of the clerk, and the due formality of the attestation. By the
statute of 1820, the acknowledgment in other states may be conformable to the
laws of the state, in which the grantor resides.

95. By the act of 1831, c, 90, s. 9, it is provided, that all deeds or
conveyances for land made without the limits of this state, shall be proved as
heretofore, or before a notary public under his seal of office. Caruthers &
Nicholson's Compilation of the Stat. of Tenn. 593.

96. The officer must certify that he is acquainted with the grantor, and that
he is an inhabitant of the state. There must also be a certificate of the
governor or secretary under the great seal, or a judge of the superior court
that the acknowledgment is in due form.Griff. Reg. h. t. ; 2 Hill. Ab. 458.

97. By an act passed during the session of 1839-1840, chap. 26, it is
enacted, 1. "That deeds of every description may be proved by two subscribing
witnesses, or acknowledged and recorded, and may then be read in, evidence. 2.
That deeds executed beyond the limits of the United States may be proved or
acknowledged before a notary public, or before any consul, minister, or
ambassador of the United States, or before a commissioner of the state. 3. That
the govornor may appoint commissioners in other states and in foreign countries
for the proof, &c. of deeds. 4. Affidavits taken as above, as to pedigree or
heirship, may be received as evidence, by executors or administrators, or in
regard to the partition and distribution of property or estates." See 2 Yerg.
91, 108, 238, 400, 520; 3 Yerg. 81; Cooke, 431.

98. Vermont. 1. All deeds and other conveyances of lands, or any estate or
interest therein, shall be signed and sealed by the party granting the same, and
signed by two or more witnesses, and acknowledged by the grantor, before a
justice of the peace. Rev. Stat. tit. 14, c. 6, s. 4.

99. Every deed by the hushand and wife shall contain an acknowledgment by the
wife, made apart from her hushand, before a judge of the supreme court, a judge
of the county court, or some justice of the peace, that she executed such
conveyance freely, and without any fear or compulsion of her hushand; a
certificate of which acknowledgment, so taken, shall be endorsed on the deed by
the, authority taking the same. Id. s. 7.

100. – 2. All deeds and other conveyances, and powers of attorney for the
conveyance of lands, the acknowledgment or proof of which shall have been, or
hereafter shall be taken without this state, if certified agreeably to the laws
of the state, province, or kingdom in which it was taken, shall be as valid as
though the same were taken before some proper officer or court, within this
state; and the proof of the same may be taken, and the same acknowledged with
like effect, before any justice of the peace, magistrate, or notary public,
within the United States, or in any foreign country, or before any commissioner
appointed for that purpose by the governor of this state, or before any
minister,cbarge d'affaires, or consul of the United States in any foreign
countryand the acknowledgment of a deed a feme in the form required by covert,
by this chapter may be taken by either of the said persons Id. 9.

101. Virginia. Before the general court, or the court of the district,
county, city, or corporation where some part of the land lies; when the party
lives out of the state or of the district or county where the land lies, the
acknowledgment may be before any court of law, or the chief magistrate of any
city, town, or corporation of the country where the party resides, and certified
by him in the usual form.

102. When a married woman executes the deed, she appears in court and is
examined privately by one of the judges, as to her freely signing the
instrument, and continuing satisfied with it, the deed being shown and explained
to her. She acknowledges the deed before the court, or else before two justices
of the county where she dwells, or the magistrate of a corporate town, if she
lives within the United States; these officers being empowered by a commission
from the clerk of the court where the deed, is to be recorded, to examine her
and to take her acknowledgment. If she is out of the United States, the
commission authorizes two judges or justices of any court of law, or the, chief
magistrate of any city, town, or corporation, in her county, and is executed as
by two justices in the United States.